2013 (7) TMI 906 - HC - Central Excise

Summary

Issues Involved:
The issues involved in this case are the rejection of appeal by CESTAT due to delay of 300 days in filing the appeal, non-compliance with pre-deposit order, passing of ex parte order by Joint Commissioner, and the justification of not condoning the delay in filing the appeal by the Appellate Tribunal.

Delay in Filing Appeal Issue:
The appeal was directed against the order of the CESTAT rejecting the appeal and the application for condonation of delay of 300 days in filing the appeal. The appellants claimed that the Director dealing with the matter was suffering from a bullet injury, but since no medical certificate was produced, the Tribunal did not condone the delay in filing the appeal.

Non-Compliance with Pre-Deposit Order Issue:
The appeal before the Commissioner (Appeals) was directed against the Order-in-Original passed by the Joint Commissioner, where the appellants were directed to pre-deposit an amount of Rs. 4 lakhs as a condition for hearing the appeal. However, the appellants only pre-deposited Rs. 1 lakh, leading to the rejection of their appeal by the Commissioner (Appeals).

Ex Parte Order Issue:
The appeal was against the Order-in-Original dated 31 March, 2007, passed by the Joint Commissioner as an ex parte order without affording any opportunity to the appellants. This was one of the grounds on which the appeal was made.

Justification for Not Condoning Delay Issue:
The substantial question of law raised was whether the Appellate Tribunal was justified in not condoning the delay in filing the appeal, despite satisfactory reasons provided by the appellants. The Tribunal dismissed the appeal solely on the ground of delay, and the Commissioner had dismissed the appeal due to non-compliance with the pre-deposit order.

Judgment Summary:
The appeal was allowed by the Bombay High Court, setting aside the orders of the Tribunal and the Commissioner (Appeals). The Court directed the appellants to deposit the balance pre-deposit amount of Rs. 3 lakhs within four weeks. It was noted that the appellants had shown sufficient cause for the delay in filing the appeal, and no further amount was directed to be deposited due to the reasons provided. Upon the deposit of the balance amount, the Commissioner (Appeals) was instructed to take up the appellant's appeal for final hearing. The appeal was disposed of, and as a result, Notice of Motion No. 770 of 2013 was also disposed of.